United States Ninth Circuit

In a suit alleging that defendant illegally usurped public right-of-ways for transaction of its telecomm business, because Arizona has not designated to a particular court the duty of resolving utility franchise disputes, and federal review does not disrupt public policy, the district court's Buford abstention was inappropriate, as was abstention under the Declaratory Judgment Act; abstention order reversed and remanded for further proceedings in district court.

Appellate Information

• Argued 01/14/2002
• Decided 03/26/2002
• Published 03/26/2002

Judges

• Before: NOONAN, TROTT, Circuit Judges, and EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Paul J. Mooney, (Argued and Briefed), Phoenix, AZ, for the defendant-appellant., William Malone, (Argued and Briefed), Washington, DC, for the plaintiff-appellee., Ronald M. Lehman, (Argued), Tucson, AZ, for the plaintiffs-intervenors-appellees.